In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Struggling to survive college? Maybe you're having trouble keeping your GPA up. Maybe you've been caught drinking when you're not yet 21. Maybe someone you've been dating has accused you of sexual misconduct. You're in trouble; someone has mentioned the possibility of dismissal to you, and you aren't sure what to do.
We can help. The Lento Law Firm was built to help students understand the complexities of university life. We believe all students deserve fair treatment, and we have the skills and the experience to make sure they get it. We know the law as it applies to education. We also know how the University of Nebraska operates. We know the rules; we know the judicial system.
Dismissal is serious. You can't just talk your way out of it. You can't transfer your way out of it. At the first sign of trouble, you need to contact the Lento Law Firm at 888-535-3686, or use our automated online form, and find out what we can do for you.
Reasons for Dismissal at the University of Nebraska
One of the scariest aspects of college is that you can be dismissed for many different reasons. One false step, and you could find yourself heading out onto the job market without a degree.
Protecting yourself from this possibility starts with knowing what to worry about.
- Academic Performance: As a student, your first priority is keeping your grades up. UNL's Academic Standing policy requires you maintain a 2.0 cumulative GPA and that you earn a 2.0 term GPA every semester. If you can't do that, the university places you on probation. If you can't recover while on probation, you face dismissal.
- Academic Misconduct: Your conduct at UNL is also subject to dismissal. That starts with your classroom conduct. Cheating, plagiarism, and all other forms of academic dishonesty are expressly prohibited. Here again, one slip probably won't result in dismissal. Get caught twice, though, and dismissal becomes a real possibility.
- Disciplinary Misconduct: Your behavior outside of class is subject to restrictions as well. There are rules against hazing, trespassing, vandalism, and a few dozen other activities. In this case, any serious violation can result in dismissal.
- Sexual Misconduct: Sexually-based offenses almost always garner dismissal. These are among the most severe charges a university student can face. They aren't just a matter of school policy but of federal law. Title IX bars sexual discrimination and harassment and encourages schools to implement severe penalties.
Misconduct Procedures
You should never simply accept dismissal. It's always in your best interest to fight for your future. If you're facing a misconduct charge of any kind, the University of Nebraska offers a clear process for doing that.
- Cases begin with a complaint, lodged either with the Office of Student Conduct and Community Standards or, in the case of Title IX allegations, the Title IX Coordinator.
- If the school decides to proceed with an investigation, it must provide you with a Notice of the Charges. This notice should include a detailed description of the allegation and a list of your due process rights.
- As part of the investigation, you should be invited to give your side of the story. One of the most important rights you have is the right to an advisor. You should never go into an investigative meeting without an attorney from the Lento Law Firm at your side. They cannot speak on your behalf but can advise you on what to say and not to say in these meetings.
- Investigators will also collect any physical evidence and interview both the Complainant (your accuser) and any witnesses to the incident.
- At the conclusion of the investigation, investigators submit a written summary of their findings. The school then sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
- At the hearing, both sides get the chance to make their cases. You may offer opening and closing statements, submit evidence, call witnesses, and cross-examine any witnesses against you. Again, you are entitled to an advisor throughout the hearing, and this advisor can be an attorney.
- Once the hearing is complete, decision-makers meet to determine whether or not you are “Responsible for” (guilty of) an offense. To do this, they use a legal standard known as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” this standard requires they find you Responsible if they are more than fifty percent convinced you committed a violation.
- You have the right to appeal the hearing outcome, but only in limited circumstances. These include the discovery of new evidence, a disproportionate sanction, or a procedural error.
You should know that cases can differ in small but significant ways depending on the precise nature of the charges. For instance, in a disciplinary misconduct case, decision-makers can decide to ask all questions themselves. In Title IX cases, in contrast, all cross-examination is conducted by advisors. Such differences can make the process of defending yourself confusing.
The good news is that the attorneys at the Lento Law Firm are knowledgeable and experienced about all of the University of Nebraska's judicial processes. We know the rules; we know the procedures. We also know how to assert your rights and to use the process to your best advantage. Don't try to handle a dismissal case on your own. The situation is serious, the process can be complicated, and you need the very best help you can get.
Academic Dismissal Cases
Academic dismissal cases work significantly differently from misconduct dismissal cases. Ordinarily, you're given several opportunities to improve before you are dismissed. In addition, these dismissals are based on fact—your cumulative and term GPAs. There's no need for an investigation or a hearing.
That doesn't mean there aren't ways to deal with this type of dismissal. If, for example, your academic deficiencies are the result of extenuating circumstances, like a hospitalization or a family emergency, you can appeal for immediate reinstatement. The attorneys at the Lento Law Firm are well-versed in the process and can work with you to document your situation.
We know a number of other strategies for dealing with the threat of academic dismissal as well, though. For example,
- If your grade is borderline, consider asking your instructor for extra credit or makeup work.
- If you discover you suffer from a learning disability, make sure you're getting the course accommodations you need. In addition, petition the school to drop low grades from your transcript and allow you to retake those courses with your accommodations in place.
- Report all classroom mistreatment to your instructors' department heads.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team has dealt with everything from plagiarism allegations to rape charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. Most importantly, no matter what problem you're facing, they are on your side and will do everything they can to get you the best possible resolution to your case.
To find out more about what the Lento Law Firm can do for you, contact the firm today at 888-535-3686 and find out just what we can do to help. Or, use our automated online form.
